Marcus McGee Launches Civil Case Against Gerrard & Co.

[Rosco]

The Neighbourhood principle is the answer to your first question : http://en.wikipedia.org/wiki/Donoghue_v_Stevenson

You basically owe a duty of care to anyone who could forseeably (Did I just make up that word?) harmed by your actions.

Provocation would probably be considered contributory negligence, and in that instance a persons damages is usually reduced accordingly.

The other possibility is that McGee could argue that what occured was "Trespass against a person". In fact that's probably a whole lot more likely since it covers assault and battery. You don't have to show a duty of care or negligence existed.

 

[Vlads Quiff]

I think this is fairly unwise of Mr McGee, he is likely to make himself very unpopular.

regards

 

[FoxForceFive]

That's actually quite interesting, I knew law was based on previous rulings but not how in depth the basis actually went.

Makes a bit more sense.

It strikes me that the whole process could be simplified a little by the law court judge being able to state in his closing what civil cases could be brought, on what basis & how they would be effected by his ruling.

 

[Frogfish]

Isn't this in some ways similar to claims for civil damages (and indeed criminal charges) that can be laid against a property owner protecting his property from invasion and damage (such as beating the crap out of a burglar) ?

 

[peterhague]

[quote author=FoxForceFive link=topic=35412.msg930939#msg930939 date=1251103566]
That's actually quite interesting, I knew law was based on previous rulings but not how in depth the basis actually went.

Makes a bit more sense.

It strikes me that the whole process could be simplified a little by the law court judge being able to state in his closing what civil cases could be brought, on what basis & how they would be effected by his ruling.
[/quote]


wouldn't a trial on a civil basis be required for a judge to rule on a civil basis? i think your suggestion would put too much power in the hands of the judge.

 

[Jack D Rips]

[quote author=SaintGeorge67 link=topic=35412.msg930649#msg930649 date=1251030829]
I liked how during the case he went from being a "DJ" to a "local businesssman"
[/quote]

Yes a "businessman" who the last time I checked was in default with regards to his corporate returns.

 

[Vlads Quiff]

I bet it gets settled out of court

regards

 

[FoxForceFive]

[quote author=Jack D Rips link=topic=35412.msg930985#msg930985 date=1251108746]
[quote author=SaintGeorge67 link=topic=35412.msg930649#msg930649 date=1251030829]
I liked how during the case he went from being a "DJ" to a "local businesssman"
[/quote]

Yes a "businessman" who the last time I checked was in default with regards to his corporate returns.
[/quote]

You never know, someone may be looking into his Self Assessment returns, as he *should* have been completing them & declaring his DJing income.

 

[Jürgen4PM]

[quote author=Vlads Quiff link=topic=35412.msg930997#msg930997 date=1251109541]
I bet it gets settled out of court

regards
[/quote]


^^^^^^